Public and Private Regulation: Mapping the Labyrinth. CEPS Working Document No. 370, October 2012

Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences as in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policy-makers give priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policy-makers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; ii) involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and iii) contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.

DG CONNECT’s Stakeholder Engagement Strategy. IES Policy Brief Issue 2013/03 • April 2013

Summary. How do we ensure that public policy represents the interests of all, rather than a select few? How will we ensure it draws upon the best insights and talents of key stakeholders? The European Commission’s DG CONNECT recently announced the results of its Stakeholder Engagement Survey, which is designed to ‘provide empirical results and feedback about existing practices and signal gaps and challenges for action in the area of stakeholder engagement.’ (Directorate-General for Communications Networks, Content and Technology, Stakeholders Unit D4, 2013, p.4). The survey launched a new round of reflection on the Commission’s relations with its stakeholders by asking respondents to reflect on the way in which they interact with DG CONNECT. The strategic objective is to see how ICTs can be used in novel ways to enhance support for policymaking from stakeholders in the EU. The Stakeholder Engagement Survey makes a start at answering critical questions about use of ICT as a tool to build ‘smarter policy’ as part of DG CONNECT’s wider step toward defining a strategy for stakeholder engagement. This IES Policy Brief welcomes this current work-in-progress, and outlines some of the challenges that may await the European Commission as it seeks to exploit the full potential of ICT in stakeholder engagement. It provides an initial analysis of the results of this first Stakeholder Engagement Survey, and concludes that whilst many things have changed with regards to tools that policymakers can use to elicit input into policymaking, certain challenges have remained very much the same.